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Freedom of information request council tax receipts

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Dear Folkestone & Hythe District Council,

years and
I would like to request proof of where the Resident’s Council Tax Payments are being spent.
1- I would like to see the previous 3 years of receipts for where the council tax funding is being spent (not a budget plan ). I do not want to see percentages but proof in pounds (£s) as to where the annual council tax has been spent.
2 - I would like to know if my council tax funds (Folkestone and hythe ) Police Service, (Folkestone and hythe) Ambulance Service, (Folkestone and hythe) Waste collection and Schools. If so I would like to know as to what percentage it is distributed?
3 - Which law, not legislation, states that council tax must be paid?
4 - Which law states that it is a criminal offence to not pay council tax?
5 - Please attach the copy of contract in where I agreed to pay for council tax. Please keep in mind that an ‘assumptuous agreement' does not stand up in court.
Yours faithfully

Claudio terzoli

Information Governance, Folkestone & Hythe District Council

Thank you for your information access request. A reference number has been
assigned to your enquiry which can be found in the subject line.

A case officer will review this matter shortly. We will endeavour to
supply any information you have requested promptly and within the
requisite 20 working days. If we think that it will take longer, we will
contact you.

Please ensure you leave the subject line in any correspondence, and
respond to the most recent item of correspondence relating to your case.
This will enable us to locate your request and respond appropriately.

For additional information about how your personal data will be used
please see the access to information privacy notice.

The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights

ref:_00D1tqGSL._5002o30HiwA:ref

References

Visible links
1. file:///tmp/www.folkestone-hythe.gov.uk/privacy

Information Officer Case Management, Folkestone & Hythe District Council

 
Dear Claudio Terzoli,

 

Thank you for your request to Folkestone & Hythe District Council
dated 15/04/2022, which was received by us on 19/04/2022. A case has
been created using the reference 00084666.

 

If your enquiry relates to a request for information under the
Freedom of Information Act or Environmental Information Regulations,
we will endeavour to substantively respond to you promptly and within
the requisite 20 working days.

Questions 1-4 will be handled under the Freedom of Information Act
2000.  

Question 5 relates to your own personal data.  Section 40(1) provides
an exemption to data that is the personal data of yourself as the
requester. Personal data is defined in Article 4(1)(1) of the General
Data Protection Regulations.

Article 13 of the General Data Protection Regulations provides you
with the right of access to your own personal data (commonly known as
a ‘Subject Access Request’).

Due to this, any requests of this nature should be considered in
accordance with data protection legislation and not the Freedom of
Information Act.

We note that you have also submitted this request from a personal
email address so we shall respond to you separately (under Case
Reference: 00084667) concerning your Subject Access Request made in
Q5.

 

Please ensure you leave the subject line, including the long
reference number, in any correspondence sent to us. This will
automatically link your email to your case and enables us to respond
to you promptly.

 

 

For additional information about how your personal data will be used
please see the [1]access to information privacy notice.

 

 

Kind regards,

 

Information Governance
Folkestone & Hythe District Council

Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY.
Email: [2][Folkestone & Hythe District Council request email]
Website: [3]Home | [4]FOI and Data | [5]Privacy
Follow us on [6]Twitter and [7]Facebook

 

 

 

 

ref:_00D1tqGSL._5002o30HiwA:ref
 
 
 

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Information Officer Case Management, Folkestone & Hythe District Council

 
Dear Claudio Terzoli,

 

I am writing in respect of your information access request dated the 19/04/2022.  This request has been handled under the Freedom of
Information Act 2000. 

                                                                                                                                       

Please find below information in response to your request.

 

═════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════

 
1.  I would like to see the previous 3 years of receipts for where the council tax funding is being spent (not a budget plan ). I do not
want to see percentages but proof in pounds (£s) as to where the annual council tax has been spent.

We do not hold this information.  We do not have a breakdown by £ of how the Council Tax is spent, only how total funding is spent across
the Council.  Our Council Tax precept is not ring-fenced, it goes into the general budgetary fund with all the other income sources and
that is used to collectively pay for services.

2.  I would like to know if my council tax funds (Folkestone and hythe ) Police Service, (Folkestone and hythe) Ambulance Service,
(Folkestone and hythe) Waste collection and Schools. If so I would like to know as to what percentage it is distributed?

The information you have requested is already publically available on the Council's website. The Council is not obliged to provide
information under [1]section 21 of the Act if the information is already reasonably accessible to the applicant by other means.  
 
The information in question can be obtained by using the following link:

https://folkestone-hythe.gov.uk/council-...

3.  Which law, not legislation, states that council tax must be paid?

Council Tax is issued based on the statutory powers created by the Local Government Finance Act 1992 and subsequent legislation and
amendments. Consent or the entry into a contract is not a legal component of this tax, which is levied to liable parties within the
district on the basis of their legal obligation to pay.

 

The Council is aware that there is substantial legal misinformation posted online regarding Council Tax and ‘freeman of the land’
concepts. If you have concerns about the statutory basis or legality of such charges, I would urge you to seek qualified legal advice for
further assistance, or the support of charitable advocacy groups like the Citizens Advice Bureau. 

4.  Which law states that it is a criminal offence to not pay council tax?

 [2]The Local Government Finance Act 1992, Schedule 4, Section 8 establishes the circumstances under which a debtor can be committed to
prison for non-payment of tax. 

5.  Please attach the copy of contract in where I agreed to pay for council tax. Please keep in mind that an ‘assumptuous agreement' does
not stand up in court.

As stated in our acknowledgement of 22/04/2022, Question 5 relates to your own personal data.  Section 40(1) provides an exemption to
data that is the personal data of yourself as the requester. Personal data is defined in Article 4(1)(1) of the General Data Protection
Regulations.  Article 13 of the General Data Protection Regulations provides you with the right of access to your own personal data
(commonly known as a ‘Subject Access Request’).  Due to this, any requests of this nature should be considered in accordance with data
protection legislation and not the Freedom of Information Act. As we noted that you had also submitted this request from a personal email
address we responded to your Subject Access Request using your personal email address on 28/04/2022. 
 

 

═════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════════

 

The contents of this request are subject to re-use under the terms of the [3]Open Government Licence unless otherwise specified.
Publications relying on this data must be attributed accordingly. Where released materials are subject to 3^rd party copyright or
intellectual property rights, rights to attribution and re-use remain vested in the holder.

 

Personal data disclosed in conjunction with an information access request is provided in compliance with the Council’s legal obligations.
This disclosure does not provide consent for direct marketing under the Privacy and Electronic Communications Regulations (PECR), and
should not be construed as such.

 

Should you require any further information, or if you are not satisfied with our response, please do not hesitate to contact me. You may
also request an internal review by writing to the following address: [4][email address]

 

Following this, if you are not satisfied with the internal review response you may apply to the [5]Information Commissioner for an
independent review at the following address: [6][email address]

 

Kind regards,

 

Information Governance
Folkestone & Hythe District Council

Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY.
Email: [7][Folkestone & Hythe District Council request email]
Website: [8]Home | [9]FOI and Data | [10]Privacy
Follow us on [11]Twitter and [12]Facebook

 

 

 

 

ref:_00D1tqGSL._5002o30HiwA:ref
 
 
 

 

References

Visible links
1. https://ico.org.uk/media/for-organisatio...
2. https://www.legislation.gov.uk/ukpga/199...
https://www.legislation.gov.uk/ukpga/199...
3. http://www.nationalarchives.gov.uk/doc/o...
4. mailto:[email address]
5. http://www.ico.org.uk/
6. mailto:[email address]
7. mailto:[Folkestone & Hythe District Council request email]
8. http://www.folkestone-hythe.gov.uk/
9. https://www.folkestone-hythe.gov.uk/your...
10. https://www.folkestone-hythe.gov.uk/priv...
11. http://www.twitter.com/shepwaydc
http://www.twitter.com/shepwaydc
12. http://www.facebook.com/shepwaydistrictc...
http://www.facebook.com/shepwaydistrictc...

Folkestone & Hythe District Council

Dear Claudio Terzoli,

Thank you for your request dated: 15/04/2022, subject: 00084666 FOI -
Where Council Tax Has Been Spent Between 2019 and 2022 & Laws Stating Tax
Must be Paid.

Case reference number: 00084666.

Application number: Not applicable

Your case has now been closed or resolved.

Kind regards,

Folkestone & Hythe District Council

The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights

References

Visible links
1. file:///tmp/www.folkestone-hythe.gov.uk/privacy

Claudio Terzoli

Dear Folkestone & Hythe District

I am not clear why you are closing my case when this case is far from being resolved and where the bulk of my FOI requests have still not been delivered

with reference to my original FOI sent on 15/4/22 it has nearly been 1 month whereby I requested the following :

1 ) The previous 3 years of receipts for where the council tax funding is being spent (not a budget plan ). I do not want to see percentages but proof in pounds (£s) in excel spreadsheet format as to where the annual council tax has been spent the last 3 years.

2 - I would like to know if my council tax funds (Folkestone and hythe) Police Service, (Folkestone and hythe) Ambulance Service, (Folkestone and hythe) Waste collection and Schools. If so I would like to know as to what percentage it is distributed?

3 - Which law, not legislation, states that council tax must be paid?

4 - Which law states that it is a criminal offence to not pay council tax?

5 - Please attach the copy of contract in where I agreed to pay for council tax. Please keep in mind that an ‘assumptuous agreement' does not stand up in court.

unless Folkestone and Hythe provide me with these 3 years worth of council receipts there is no legal obligation whatsoever for me to make any payments under the local Government and finance act 1992.

sincerely

Claudio terzoli

Yours faithfully,

Claudio Terzoli

Information Governance, Folkestone & Hythe District Council

Thank you for your information access request. A reference number has been
assigned to your enquiry which can be found in the subject line.

A case officer will review this matter shortly. We will endeavour to
supply any information you have requested promptly and within the
requisite 20 working days. If we think that it will take longer, we will
contact you.

Please ensure you leave the subject line in any correspondence, and
respond to the most recent item of correspondence relating to your case.
This will enable us to locate your request and respond appropriately.

For additional information about how your personal data will be used
please see the access to information privacy notice.

The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights

ref:_00D1tqGSL._5002o31tWAo:ref

References

Visible links
1. file:///tmp/www.folkestone-hythe.gov.uk/privacy

Information Officer Case Management, Folkestone & Hythe District Council

 
Dear Claudio Terzoli,

I acknowledge receipt of your email of 16/05/2022 expressing
dissatisfaction with our response to your request for information
(dated 19/04/22). The original request was handled under the Freedom
of Information Act 2000. 

We will be addressing your concerns by way of an Internal Review.
Folkestone & Hythe District Council's approach to Internal Reviews is
subject to guidance produced by the Information Commissioner's Office
in line with Section 45 of the Freedom of Information Act 2000.

The Secretary of State for Constitutional Affairs’ Code of Practice
on the Discharge of Public Authorities’ Functions under Part 1 of the
Freedom of Information Act 2000, issued under Section 45 reads, in
part, as follows:

“39. The complaints procedure should provide a fair and thorough
review of handling issues and of decisions taken pursuant to the Act,
including decisions taken about where the public interest lies in
respect of exempt information. It should enable a fresh decision to
be taken on a reconsideration of all the factors relevant to the
issue…”

Consequently, the scope to be considered by a review is whether the
Council’s response on 12/05/2022 breached the Act or was otherwise
incorrect. In evaluating this, the case will be examined anew, taking
into account the points and evidence raised during your review
request. In the interest of ensuring your arguments are examined
comprehensively and fairly, please can you advise us if the below
understanding is incorrect.

“I am not clear why you are closing my case when this case is far
from being resolved and where the bulk of my FOI requests have still
not been delivered”

You believe that the Council incorrectly closed your request as it
has not been resolved.

If we have misunderstood your request please would you advise us.

We anticipate that the internal review will be completed within 20
working days of your application for review, however there may be
mitigating circumstances under which an extension is required. If
this is the case with your review, we will endeavour to notify you
and explain why more time is needed.

Yours sincerely,
 
 

Kind regards,

Information Governance
Folkestone & Hythe District Council
Civic Centre, Castle Hill Avenue,
Folkestone, Kent, CT20 2QY.
Email: [1][Folkestone & Hythe District Council request email]
Website: [2]Home | [3]FOI and Data | [4]Privacy
Follow us on [5]Twitter and [6]Facebook
 
 
 

show quoted sections

Information Officer Case Management, Folkestone & Hythe District Council

Dear Claudio Terzoli

I refer to your email dated 16th May 2022 expressing dissatisfaction that
your Freedom of Information request had not been responded to. In light of
the fact that a substantive answer was issued on 12th May 2022, this has
been interpreted as a request for internal review of the decision taken.

A copy of the original response may be found on the "[1]WhatDoTheyKnow"
website.

In considering your request I have looked at case impartially and
reconsidered the relevant factors. In light of this, I can confirm that I
consider the original handling of the case to be justified. I will address
each point in sequence and explain my rationale below.

1) previous 3 years of receipts for where the council tax funding is being
spent
As explained in the original response, the information you have requested
is not held.

Council Tax is collected by the District Council on behalf of a number of
different public bodies, including Kent County Council, the Kent Police
and Crime Commissioner, Kent Fire and Rescue, parish councils and in some
cases special charitable bodies such as the Folkestone Parks and Pleasure
Grounds Charity.

Council Tax receipts are not directly allocated to expenditure; income
from Council Tax is distributed to precepting organisations with the
Council's allocation then incorporated into our general budgetary fund
alongside all other income sources. This combined budget is then allocated
according to expenditure requirements. 

Due to this, particular expenditure cannot be highlighted as being
specifically funded by Council Tax, as all expenditure is by necessity an
amalgamation of different income sources.

The Council publishes a number of different documents to help explain our
expenditure.

This includes: 

• [2]Annual Council Tax data, with financial breakdowns of distribution.
• [3]Payment to suppliers data.
• [4]Purchase order data.
• [5]Annual statements of accounts. 

2) What percentage [of Council Tax] it is distributed [to precepting
authorities]?

It is my view that section 21 of the Act was correctly applied to this
question in the original response.

3) Which law, not legislation, states that council tax must be paid?
4) Which law states that it is a criminal offence to not pay council tax?

It is my view that the information in regard to these questions is not
held.

This is because the Freedom of Information Act only requires the
disclosure of pre-existing recorded information. It does not extend to the
creation of new information, or the provision of an officer's
interpretation of legislation. 

Despite this, additional information was provided during the original
response in order to advise and assist in resolving your request.
Consequently, I have upheld the response in full.

If you are not satisfied with our response you may apply to the
Information Commissioner for an independent review at the following
address:
 
The Information Commissioner 
Wyncliffe House 
Water Lane 
Wilmslow 
Cheshire SK9 5AF
Telephone: 0303 123 1113 (local rate) or 01625 545 745 (national rate)
[6]www.ico.org.uk
 
Yours sincerely

Jamie Naylor
Specialist Officer (FOI)
Folkestone & Hythe District Council.
Email: [7][Folkestone & Hythe District Council request email]
Website: [8]Home | [9]FOI and Data [10]Privacy
Follow us on [11]Twitter and [12]Facebook

show quoted sections

Folkestone & Hythe District Council

Dear Claudio Terzoli,

Thank you for your request dated: 16/05/2022, subject: 00088256 IR - Where
Council Tax Has Been Spent Between 2019 and 2022 & Laws Stating Tax Must
be Paid.

Case reference number: 00088256.

Application number: Not applicable

Your case has now been closed or resolved.

Kind regards,

Folkestone & Hythe District Council

The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights

References

Visible links
1. file:///tmp/www.folkestone-hythe.gov.uk/privacy

Claudio Terzoli

Dear Folkestone & Hythe District Council,

I do not accept your response as you have lied telling me you are “ unable to provide me with last 3 years receipts “

Not only does this breach the freedom of information Act
It is unprofessional and dishonest as I have managed to obtain receipts from other council boroughs where I lived previously . It is totally reasonable under the freedom of information to see what the council is actually spending the public’s money on and for reasons unexplained you have failed / refused to show this . Rest assured I will be taking this further and launching an internal investigation
And the contacting local folkestone MP Damien Collins

Sincerely

Claudio terzoli
Yours sincerely,

Claudio Terzoli

Customer Services, Folkestone & Hythe District Council

Thank you for your email to Customer Services - this is an automated
response.

Your enquiry will be passed to the relevant team.

We aim to respond to general enquiries within 10 working days.

You can tell us about changes and supply evidence using our online forms
via our MyAccount service.

If you haven’t already signed up for MyAccount, go to
https://folkestone-hythe.gov.uk/myaccoun...
for further information.

Kind regards

Folkestone & Hythe District Council

We don't know whether the most recent response to this request contains information or not – if you are Claudio Terzoli please sign in and let everyone know.